Ishrat case: CBI opposes discharge pleas of 4 Gujarat cops

September 21, 2019 19:50

The Central Bureau of Investigation on Saturday opposed a plea by four Gujarat policemen seeking their discharge in the 2004 case of alleged fake encounter of Ishrat Jahan and three others on grounds of absence of state's sanction to prosecute them.

Gujarat's Inspector General of Police G L Singhal, retired Deputy Superintends of Police Tarun Barot and J G Parmar, and SRP commando Anaju Chaudhary have also sought their discharge on grounds of parity of their cases with those of discharged police officers D G Vanzara and N K Amin in the same case.

In their discharge pleas to the court of Special Judge P K Dave, the four policemen have also asserted that the government has not granted sanction to the CBI to prosecute them (under section 197 of the CrPC).

The Central Bureau of Investigation, however, opposed the four policemen pleas, contending that the sanction for prosecution against the four was not needed under section 197 of the Criminal Procedure Code as the case pertains to serious offences including that of murder.

"The CBI has consistently maintained that there is no requirement of sanction for prosecution under section 197 of the CrPC in the cases where offences relate to criminal conspiracy of abduction, illegal confinement, murder, etc," the CBI said in its application to the court, opposing the four policemen's plea.

Under section 197 of the CrPC, the competent authority is required to grant sanction to prosecute public servants accused of offence alleged to have been committed while acting or purporting to act in the discharge of their official duty.

"It has been a consistent stand of the CBI during the filing of the chargesheet and during the discharge applications of the accused persons that the case does not warrant sanction for prosecution as envisaged under section 197 of the CrPC.

"The court (the special CBI court), however, in its order dated August 7, 2018, said the sanction for prosecution is required against them (Vanzara and Amin). In view of the order of the court, the CBI approached the competent authority -- the State of Gujarat -- for sanction for prosecution. The competent authority declined sanction for prosecution against both of them," it said. -- PTI

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